The case is called and the parties are asked if they are ready for trial.
In juvenile cases, the parent or guardian may sit and assist the juvenile during the trial but may not act as the attorney. The juvenile must conduct the questioning, make the arguments, and present the case.
A. Opening Statement The Judge asks if there are any opening statements. The City Attorney may or may not make an opening statement. The Defendant may reserve, waive, or make an opening statement. The opening statement is limited to what the party believes the evidence will show. The opening statement is not evidence and should not be a presentation of the Defendant’s entire case.
B. City’s Case The City Attorney calls witnesses to the witness stand and questions the witnesses concerning the facts of the case. After the City Attorney finishes questioning a witness, the Defendant has the right to cross-examine the witness. This is not the time for the Defendant to testify. Questions should be directed to the witnesses’ testimony to test the witnesses’ recollection of the facts. After the Defendant has cross-examined a witness, the City Attorney may ask additional questions limited to the subjects covered on cross-examination.
C. Defendant’s Case The Defendant need not present any witnesses or any evidence and is never compelled to testify. If the Defendant chooses to call witnesses, the Defendant will first question them and then they will be subject to cross-examination by the City Attorney. The Defendant may testify but may also choose to remain silent and the fact the Defendant does not testify cannot be considered at trial. The Defendant who decides to testify will be cross-examined by the City Attorney. After the Defendant’s case, the City Attorney may call witnesses to rebut any testimony or evidence presented by the defense. The rebuttal case is limited to the subjects and facts covered in the Defendant’s case.
D. Conclusion Once the evidence is presented, the City Attorney may make a closing argument. The Defendant may then make a closing argument whether or not the City chooses to make one. The City Attorney is entitled to rebut the Defendant’s closing argument. When all the evidence is completed and final arguments, if any, have been made, the Judge will render the decision.